La. Admin. Code tit. 67 § V-7505

Current through Register Vol. 49, No. 1, January 20, 2023
Section V-7505 - Definitions

Abuse-any one of the following acts which seriously endangers the physical, mental, or emotional health of the youth:

1. the infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the youth by a parent or any other person;

2. the exploitation or overwork of a youth by a parent or any other person; and

3. the involvement of the youth in any sexual act with a parent or any other person, or the aiding or toleration by the parent or the caretaker of the youth's sexual involvement with any other person or of the youth's involvement in pornographic displays or any other involvement of a youth in sexual activity constituting a crime under the laws of this state.

Administrative Segregation -restriction of a youth to a designated sleeping room or dorm for reasons other than current acting-out behavior, discipline, medical reasons, or threats to the youth.

Administrator-the person with authority and responsibility for the on-site, daily implementation and supervision of the facility's overall operation.

Affiliate-

1. with respect to a partnership, each partner thereof;

2. with respect to a corporation, limited liability company, or other corporate entity, each officer, director and stockholder thereof; and

3. with respect to a natural person: anyone related within the third degree of kinship to that person; each partnership and each partner thereof of which that person or any affiliate of that person is a partner; and each corporation in which that person or any affiliate of that person is an officer, director or stockholder.

Alternate Power Source-an alternate source of electrical power that provides for the simultaneous operations of life safety systems during times of emergency.

Average Daily Population-a calculation determined by counting the number of youth in detention each day of the month, adding the daily counts (at 0600 hours), and dividing the sum by the number of days in the month.

Average Length of Stay (ALOS)-average length of stay is calculated on those youth who end a placement during the reporting period. ALOS is the sum of all the days of all the stays for those released during the period divided by the number of "releases." Stays should be calculated by counting admission date but not date of release.

Body Cavity Search-a visual inspection of a body cavity, defined as a rectal cavity, or vagina, for the purpose of discovering whether contraband is concealed in it.

Change of Location - change of physical address of facility.

Change of Ownership -a transfer of ownership of a currently licensed facility that is in operation and serving youth to another entity without a break in service to the youth.

Complaint-an allegation that any person or facility is violating any provisions of these standards or engaging in conduct, either by omission or commission, that negatively affects the health, safety, rights, or welfare of any youth who is residing in a juvenile detention facility.

Contraband-any object prohibited within a juvenile detention facility, which may include but is not limited to: currency, stolen property, articles of food or clothing, intoxicating beverages, narcotics, firearms or dangerous weapons, telecommunications devices, tattooing equipment, electronic devices, or any other object or instrumentality intended for use as a tool in the planning or aiding in an escape or attempted escape by a youth in a local juvenile detention facility in the state.

Corporation - any entity incorporated in Louisiana or incorporated in another state, registered with the secretary of state in Louisiana, and legally authorized to do business in Louisiana.

Delinquent Act-an act committed by a child of 10 years of age or older, which if committed by an adult is designated an offense under the statutes or ordinances of this state, or of another state if the offense occurred there or under federal law, except traffic violations.

Department (DCFS)-the Louisiana Department of Children and Family Services.

Direct Care Staff-a person counted in the staff/youth ratio, whose duties include the direct care, supervision, guidance, and protection of youth. This may include staff such as administrative staff that has the required background clearances and appropriate training that may serve temporarily as a detention officer.

Electronic Security Wand Scanner-an electronic hand-held security scanner used to detect metal weapons in a detention facility.

Frisk-to search a youth for something concealed, including a weapon or illegal contraband, by passing the hands quickly over clothes or through pockets.

Governing Body-a parent agency exercising administrative control over a facility.

Grievance Procedure-a method for the expression and resolution of youth's grievances or complaints.

Individual Owner - repealed.

Inspection-a thorough investigatory review of information, including written records and interviews with staff and youth, to determine whether and the extent to which a facility's policies, practices, and protocols comply with the standards.

Juridical Person/Entity - corporation, partnership, limited-liability company, church, university, or governmental entity.

Juvenile Detention Facility (JDF) -means a facility that provides temporary safe and secure custody of youth during the pendency of juvenile proceedings, when detention is the least restrictive alternative available to secure the appearance of the youth in court or to protect the safety of the child or the public, as described in R.S. 15:1110.

LDE Staff - Louisiana Department of Education or local school district staff

Mechanical Restraints-an approved professionally manufactured mechanical device to aid in the restriction of a person's bodily movement. The following are approved mechanical restraint devices.

1.Ankle Cuffs-metal, cloth or leather band designed to be fastened around the ankle to restrain free movement of the legs.

2.Anklets-cloth or leather band designed to be fastened around the ankle or leg.

3.Handcuffs-metal devices designed to be fastened around the wrist to restrain free movement of the hands and arms.

4.Waist Band-a cloth, leather, or metal band designed to be fastened around the waist used to secure the arms to the sides or front of the body.

5.Wristlets-a cloth or leather band designed to be fastened around the wrist or arm which may be secured to a waist belt.

6.Plastic Cuffs-plastic devices designed to be fastened around the wrist or legs to restrain free movement of hands, arms or legs.

Medical Isolation-the restriction of a youth to a sleeping room specifically for medical reasons that may pose a threat to himself/herself, or others at the facility.

Natural Person - a human being and, if that person is married and not judicially separated or divorced, the spouse of that person.

Neglect -the refusal or unreasonable failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, as a result of which the child's physical, mental, or emotional health and safety is substantially threatened or impaired.

Owner or Operator - individual or juridical entity exercising direct or indirect control over a licensed entity

1. For licensing purposes the following are considered owners:

a. Individual Ownership- individual and spouse listed on the licensing application submitted and who have access to the children/youth in care of the provider and/or children/youth who receive services from the provider and/or who are present at any time on the facility premises when children/youth are present;

b. Partnership-all limited or general partners and managers who are listed on the licensing application submitted and who have access to the children/youth in care of the provider and/or children/youth who receive services from the provider, and/or who are present at any time on the facility premises when children/youth are present;

c. Church Owned, University Owned or Governmental Entity - any clergy and/or board member who is listed on the licensing application submitted and who has access to the children/youth in care of the provider, and/or children/youth who receive services from the provider, and/or who is present at any time on the facility premises when children/youth are present;

d. Corporation (includes limited liability companies)-individual(s) who is registered as an officer of the board with the Louisiana Secretary of State and/or listed on the licensing application submitted and who has access to the children/youth in care of the provider, and/or children/youth who receive services from the provider, and/or who is present at any time on the facility premises when children/youth are present.

Ownership - repealed.

Partnership - includes any general or limited partnership licensed or authorized to do business in this state. The owners of a partnership are its limited or general partners and any managers thereof

Pat-down Search-a running of the hands over the clothed body of a youth by a staff member to determine whether the youth possesses contraband.

Physical Escort Techniques-the touching or holding a youth with a minimum use of force for the purpose of directing the youth's movement from one place to another. A physical escort is not considered a physical restraint.

Physical Restraint-a professionally trained restraint technique that uses a person's physical exertion to completely or partially constrain another person's body movement without the use of mechanical restraints.

Protective Isolation-is the restriction of a youth to a designated sleeping room or dorm due to his/her safety being threatened.

Provider - all owners or operators of the facility including the director of such facility

Qualified Medical Professional-health professional who, by virtue of education, credentials, and ex­perience, is permitted by law to evaluate and care for youth within the scope of his or her professional practice.

Qualified Mental Health Professional-a mental health professional who, by virtue of education, creden­tials, and experience, is permitted by law to evaluate and care for youth within the scope of his or her professional practice.

Reasonable Suspicion - suspicion based on specific and articulable facts which indicate that an owner, or current or potential employee or volunteer has been investigated and determined to be the perpetrator of abuse and/or neglect of a minor resulting in a justified and/or valid finding prior to official notification from child welfare whether the person is or is not listed on the state central registry.

Relatives-spouses, children of spouses, brothers, sisters, parents, brother-in-law, sister-in-law, aunts, uncles, nieces, nephews, grandparents, and first cousins.

Room Confinement - the restriction of a youth to his/her assigned sleeping room, due to disciplinary reasons.

Room Isolation-the restriction of a youth to a room that is separated from the general population, due to current acting out behavior.

Shall-must or mandatory.

Special Needs-the individual requirements (as for education) of a person with a mental, emotional, developmental, or physical disability or a high risk of developing one.

State Central Registry (SCR) - a subsystem of the state repository that maintains information on perpetrators of child abuse and neglect with valid findings on tiers I, II, and III of the child welfare tiered validity system.

Status Offense-an allegation that a youth is truant or has willfully and repeatedly violated lawful school rules, ungovernable, a runaway, committed an offense applicable only to youth, or a youth under age 10 years of age who has committed any act which if committed by an adult would be a crime under any federal, state, or local law.

Strip Search-a search that requires a person to remove some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of such person.

Substantial Bodily Harm- physical injury serious enough that a prudent person would conclude that the injury required professional medical attention. It does not include minor bruising, the risk of minor bruising, or similar forms of minor bodily harm that will resolve healthily without professional medical attention.

Support Staff-a person who works directly for the facility or a person who provides direct services to youth in a facility on a recurring basis with no discipline authority over youth.

Unencumbered Space-usable space that is not occupied by furnishing or fixtures.

Validated Mental Health Screening Tool-an instrument that has been scientifically tested to determine that it accurately measures what it purports to measure.

Volunteer - an individual who works at the facility and whose work is uncompensated. This may include students, interns, tutors, counselors, persons providing recreational activities including religious service, and other non-staff individuals who may or may not interact with youth in a supervised or unsupervised capacity.

Waiver-an exemption granted by the secretary of the department, or designee, from compliance with a standard that will not place the youth or staff member at risk.

Youth-an individual placed in a JDF in accordance with limitations and exceptions noted in state law who is not less than 10 years of age nor older than 21 years of age.

La. Admin. Code tit. 67, § V-7505

Promulgated by the Department of Children and Family Services, Division of Programs, Licensing Section, LR 38:1559 (July 2012), amended LR 39:1006 (April 2013), effective July 1, 2013, Amended LR 42395 (3/1/2016), Amended by the Department of Children and Family Services, Licensing Section, LR 45652 (5/1/2019), effective 6/1/2019.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:1110.